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2 Terms of use commercial reproduction Alberta Labour holds copyright for the Joint Work Site Health and Safety Committee/Health and Safety Curriculum Standard. Alberta Labour permits any person to reproduce this Standard without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced. To obtain permission to reproduce materials on this site for commercial purposes, please contact: Alberta Labour Attn: Director of Communications 9th Floor, Labour Building Avenue Edmonton, AB T5K 0G5 Labour, Government of Alberta December 2018 Joint Work Site Health and Safety Committee/Health and Safety Representative Curriculum Standard ISBN EDU008 2 Curriculum Standard HSC/HS Representative Curriculum Standard

3 Table of contents Purpose of this standard... 4 Part 1 - Curriculum for prerequisite training... 5 Learning outcomes... 5 Part 2 - Curriculum for training... 7 Learning outcomes... 7 Glossary Curriculum Standard HSC/HS Representative Curriculum Standard 3

4 Purpose of this standard This standard contains the minimum course content for approved Health and Safety Committee (HSC) and Health and Safety Representative (HS representative) training courses. It was developed to govern training agencies and facilitators in the development and delivery of approved training courses. This document is not a complete curriculum. Instead, pursuant to Section 29(1)(2) of the Occupational Health and Safety Act ( Act ), it sets out the criteria for a curriculum, for training cochairs of a HSC and HS representative. Training providers are required to develop and teach a curriculum that is consistent with, and fully covers, the criteria set out in this Standard. The mandatory content listed in the tables below, is contained in the OHS Act, Code, Regulations and also the Health and Safety Committee/Health and Safety Representative Manual (Manual). The sequence of topics provided in this Curriculum Standard aligns with Section 45 (2) of the Regulation and may not be the order in which the content is presented to participants. The Manual provides the content in a more teaching/learning compatible sequence. The standard is divided into the following: Part 1 Learning outcomes for prerequisite training Part 2 Learning outcomes for training Appendix A Glossary 4 Curriculum Standard HSC/HS Representative Curriculum Standard

5 Part 1 - Curriculum for prerequisite training Learning outcomes Upon completing the prerequisite HSC/HS representative training course, participants should demonstrate understanding of the presented concepts by the following learning outcomes. Participants must be able to: Mandatory content (a) The roles and responsibilities of co-chairs on joint work site health and safety committees and health and safety representatives List the duties and functions of an HSC and HS representative. List the roles and responsibilities of HS representatives. 1. The legal basis for HSCs and HS representatives (OHS Act Part 3). 1. The specific responsibilities of HSCs and HS representatives (OHS Act, s. 19 and 20). Describe the roles and responsibilities of co-chairs. List mandatory content in the HSC s rules of procedure (terms of reference). Summarize training requirements. 1. Co-chairs responsibilities (OHS Act, ss. 22 and 25). 1. The requirements in respect of content for rules of procedure (OHS Code s 197) (Manual s. 4.5: representative membership for all parties at the work site, replacement process for departing members, dispute resolution process, for coordinating with other HSCs established by the same employer / prime contractor). 2. The sample terms of reference (Manual and Appendix 2). 1. The employer s training obligation for HSC cochairs and members and HS representatives (OHS Act, s. 29). Curriculum Standard HSC/HS Representative Curriculum Standard 5

6 2. The HSC s members entitlement to time away from work (OHS Act, s 30). 3. Training requirements for HSC co-chairs and the HS representatives (Manual 4.2: HSC cochairs and the HS representative must receive training specific to their duties and functions). (b) The obligations of work site parties Describe the Internal Responsibility 1. The Internal Responsibility System (IRS) System. (Manual s. 2.1: Everyone in the workplace has a role to play in keeping workplaces safe and healthy). 2. The concept of due diligence (Manual s. 2.2: the ability to demonstrate that a person did what could reasonably be expected under their circumstances). 3. The rights of workers (OHS Act s 2(d)(i), (ii), (iii), (iv), and Part 4). Explain the criteria used to determine if 1. The conditions under which an employer must an HSC or HS representative is establish an HSC or designate an HS required. representative (OHS Act s 16, 17). 2. Criteria to determine if HSC or HS representative is required (Manual s. 3.3: The Single Employer Decision Tree and the Multiple Employer Decision Tree). (c) The rights of workers List workers rights relating to OHS. 1. The rights of workers (OHS Act s 2(d)(i), (ii), (iii), (iv), and Part 4). (d) The manner in which the organizations will address the responsibilities of both workers and employers in the delivery of the training All content will be delivered free from 1. Training organizations shall fairly address employer or worker bias. responsibilities of both employers and workers, ensuring their content displays no pro-worker or pro-employer bias. 6 Curriculum Standard HSC/HS Representative Curriculum Standard

7 Part 2 - Curriculum for training Learning outcomes Upon completing the approved HSC/HS representative training course, participants should demonstrate understanding of the presented concepts by the following learning outcomes. Participants must be able to: Mandatory content (a) The roles and responsibilities of co-chairs on an HSC/HS representatives Explain the purpose of HSC rules of 1. The committee s duty to establish rules of procedure (terms of reference). procedure/terms of reference (OHS Act, s. 16(3)). 2. The concept of terms of reference (Manual, s. 4.5: a written set of procedures for how an HSC functions). 3. The purpose of a terms of reference (Manual, s. 4.5: creates committee structure, identifies member roles and responsibilities, establishes terms of office). 4. The requirements for terms of reference (Manual, s. 4.5: ensure committee s membership is representative, etc.). 5. The preferred templates for rules of procedure and terms of reference (Manual, Appendix 2). Explain the purpose of recording and 1. The requirement to keep minutes (OHS Act, s. reviewing minutes of HSC meetings. 19(i)). 2. Other requirements in respect of minute keeping (Manual, s. 4.6: minute book recorded and approved, given to employer / prime within 7 days, posted or provided electronically within 7 days; saved for 2 years; made available for inspection) (OHS Act, ss. 27(5) and (6)). 3. The reason minutes should be recorded (Manual, s. 4.6: Minutes are a written record of what went on at the meeting). Curriculum Standard HSC/HS Representative Curriculum Standard 7

8 4. The use of minutes (Identify that disclosures/reporting from workers can be brought up and addressed at the meeting and recorded in the minutes meetings are an opportunity for workers perspectives to be heard and addressed (e.g. Are hazard controls effective? Are near misses reported? What changes need to be/are made?). List the traits of an effective HSC and 1. The traits of effective HSC members (Manual s. explain the purpose of conducting an 9.1: listen, use safe work practices and obey all evaluation of a committee s safety rules, work to resolve all concerns, limit effectiveness. involvement to only health and safety issues, do not exceed authority, do not interfere with equipment controls, seek help in situations outside your understanding). 2. The traits of effective HSC (Manual s. 9.2: meet regularly, meet at a convenient time for all members, set agenda, aim for full attendance, only postpone meetings in emergencies, meet at interruption-free location, stay on schedule and well-organized). 3. The method by which HSC effectiveness should be evaluated (Manual s. 9.3: survey workers to see if they are aware of the committee, their representatives, their perceptions of the committee members; the frequency and volume of worker suggestions made to the committee; the level of implementation of those recommendations). (b) The obligations of work site parties Explain the purposes of the OHS Act, 1. The purposes of the OHS Act (OHS Act, s. 2). Regulation and Code. 2. The purposes of the OHS Regulation (general administrative matters, health and safety rules and regulations (Manual s. 1.1)) and the OHS Code (detailed technical standards and safety rules; compliance required to fulfill health and safety obligations; examples include equipment 8 Curriculum Standard HSC/HS Representative Curriculum Standard

9 safety, noise, chemical hazards, and first aid requirements, among others (Manual s. 1.1). 3. The meaning of health and safety (OHS Act, s 1(v)). Identify the different work site parties. 1. The different work site parties (OHS Act, s 1 and Part 1). Describe the internal responsibility system. 1. The Internal Responsibility System (IRS) (Manual s. 2.1: Everyone in the workplace has a role to play in keeping workplaces safe and healthy). 2. The concept of due diligence. 3. The rights of workers (OHS Act s 2(d)(i), (ii), (iii), (iv), and Part 4). Explain the criteria to determine if an 1. The criteria to determine if an HSC or HS HSC or HS representative is required. representative is required (OHS Act, ss 16 and 17). 2. (Manual s. 3.3: The Single Employer Decision Tree and the Multiple Employer Decision Tree). Identify the unique needs for HSCs and 1. Establishment of an HSC in case of multiemployer work sites, designation an HS HS representatives on multi-employer work sites. representative in case of multi-employer work site, obligation of employer and prime contractor to work with the HSC or HS representative (OHS Act, ss. 16, 17, 21) (c) The functions of HSCs and HS representatives Summarize the duties and functions of an HSC and HS representative. 1. High-level overview of the duties and functions of an HSC and HS representative (OHS Act, ss 19, 20, 37, and generally). Describe the roles and responsibilities of HSCs and HS representatives in receiving and addressing worker concerns. 1. The HSCs and HS representatives duty to receive, consider and address worker concerns (s. 19(a) of the Act). 2. The methods of receiving information (conversations, contacts during inspections and Curriculum Standard HSC/HS Representative Curriculum Standard 9

10 Summarize training requirements for HSC members and HS representatives. Explain the HSC/HS representative s role in hazard identification and control. investigations, meetings, reporting i.e. hazard reporting cards or similar). 3. The best practices for addressing concerns (elevating to higher levels of supervision or the HSC s co-chairs; calling emergency HSC meeting if necessary; providing recommendation to employer; employer providing a report of corrective actions taken in response to recommendations; if unable to resolve with employer, elevating the issue to an OHS Officer; communicating status of the issue to all parties involved via meeting minutes, bulletins or discussions; monitoring effectiveness of the corrective action). 1. Co-chair duties and functions (Manual, s. 1.3). 2. HS representative duties and functions (Manual, s. 1.3). 3. The requirement to use an approved training provider (OHS Code, s. 201). 4. The employer s training obligation for HSC cochairs and members and HS representatives (OHS Act, s. 29). 5. The HSC s members entitlement to time away from work (OHS Act, s. 30). 1. Representatives and co-chairs obligation to identify hazards (OHS Act, s. 19(b)), control them (OHS Act, s. 19(c)), and make recommendations (OHS Act, s. 19(f)). 2. The employer s obligation to consult with the HSC to identify existing and potential hazards to workers (OHS Act, s. 37(1)(b). 3. The employers and workers Code obligations in respect of hazard assessments and controls (OHS Code Part 2, s 7, 9, 10). 4. The distinction between formal, site specific and field-level hazard assessments (Manual at s 5.2). 5. The definition of hazard, harassment, health and safety, and violence (OHS Act, s 1). 10 Curriculum Standard HSC/HS Representative Curriculum Standard

11 6. The hazard control and emergency hazard control requirements (OHS Code, ss. 9 and 10). 7. The control of hazards at the source (elimination, substitution, redesign, isolation, automation), along the path from the hazard to the worker (barriers, dilution), and at the level of the worker (administrative controls, work procedures, training and supervision, emergency planning, housekeeping/repair/maintenance programs, hygiene practices and facilities, Personal Protective Equipment (PPE)) (Manual s. 5.3). 8. The selection and implementation of controls (Manual s. 5.3). 9. The need for ongoing monitoring of controls, changes based on effectiveness and recording of ongoing monitoring (insert citation to manual: Identify that the effectiveness of controls must be monitored and if the control is not effective, changes must be implemented to improve the control; this monitoring can be recorded on HSC minutes or work site inspection forms). 10. A way in which students may learn more about hazard assessment and control. Explain the HSC/HS representative s role in work site inspections. 1. The HSC s responsibility for inspections (OHS Act, s. 19(g), 25); (OHS Code, s. 198, 202) (OHS Act, (s. 25 Act)). 2. The employer s obligation to establish a schedule and procedures for inspections including worker participation (OHS Act, s 37). 3. A description of an inspection (Manual s. 6.2, planned walk-through or examination of a work site that looks at hazards, machinery, tools, equipment and work practices). 4. The reason inspections are useful (Manual s. 6.2, regular inspections reduce incidents and occupational illnesses) and valuable to an HSC (inspections allow the HSC to compare existing Curriculum Standard HSC/HS Representative Curriculum Standard 11

12 conditions with standards, e.g. regulations and industry practices, and determine if gaps exist; identify the root cause of gaps, and develop recommendations for corrective action). 5. The topics on which employers, HSCs and HS representatives should be trained prior to conducting inspections (Manual s. 6.2, work processes and work areas; workplace hazards and hazardous areas; applicable PPE and its limitations; engineering controls in the workplace; applicable health and safety standards and legislation; the recommendations of equipment and material suppliers; how to record information; and how to report and address concerns). 6. The standards that may need to be built into inspection documentation (Manual s. 6.2, equipment manuals, trade publications, legislation, suppliers, industry associations, etc.). 7. The concepts of inventories (what to inspect) and checklists (what to look for when you are inspecting each item in the inventory); (Manual at Appendix 2). 8. The four categories of inspection subjects (Manual s. 6.2, people; vehicles, tools and equipment; chemicals and biological substances; work environment). 9. The documents to review pre-inspection (Manual s. 6.2, e.g. inspection reports, incident reports, etc. depending on work site). 10. The inspection best practices (Manual s. 6.2, follow up with workers; communicate with workers; use monitoring equipment; take careful notes; communicate with supervisors). 11. The reason for documenting and reporting inspection results (Manual s. 6.2, inspection records can be useful in tracking the progress of 12 Curriculum Standard HSC/HS Representative Curriculum Standard

13 Explain the HSC/HS representative s role in incident investigations. corrective action and identifying degenerative trends). 12. The HSC s role in debriefing post inspection (Manual s. 6.2, identify hazards and develop recommended corrective actions, discuss recommendations with employer). 13. The HSC s responsibility to bring forward unsafe conditions to the employer (Manual s. 6.3, bring health and safety concerns to the employer). 14. The HSC s obligation to communicate inspection results with workers (Manual s. 6.3, Inform workers who have raised concerns). 15. A reference to other inspection courses. 1. The types of incidents and injuries that must be reported by the employer or the prime contractor (OHS Act s. (1) (2)) serious injury or incident, potentially serious incident (PSI), incident at a mine or mine site). 2. The employer s obligation to establish investigation procedures that address worker participation (OHS Act, s. 37 Act). 3. The employer responsibilities in the event of an incident (OHS Act, s. 40 (5)). 4. The prohibition against disturbing the scene of an incident (OHS Act s. 40(9)). 5. The goals of an incident investigation (Manual s. 7.2: compare what should have happened with what actually happened, determine what gap exists between the two, determine why the gap developed and recommend appropriate corrective action to prevent a recurrence). 6. The steps required to carry out an investigation (Manual s. 7.2: secure the scene and report the incident, study the scene, collect evidence, interview witnesses, investigate the physical evidence, identify the causes, take action) and explain the process underpinning each step. Curriculum Standard HSC/HS Representative Curriculum Standard 13

14 Create appropriate HSC recommendations for employer. Describe the roles and responsibilities of HSCs and HS representatives in addressing workplace violence and harassment. 7. The four categories of evidence (Manual s. 7.2: people, positions, parts, papers). 8. Bird s loss causation model, direct cause and root cause (Manual s. 7.2: Loss causation graphic. 9. Available in-depth incident investigation courses. 1. An HSC s obligation to make recommendations (OHS Act, s 19(f)). 2. The rationale for using a recommendation form (Manual s. 8.3: standardizes the process and encourages timely corrective actions by the employer). 3. The essential elements of a recommendation form (Manual s. 8.3: description of problem, its location and the workers affected by it; background information/research; possible consequences if problem is ignored; precise description of proposal including timelines and required resources; short-term (immediate interventions) and long-term solutions if appropriate; which parties will follow up on the corrective action and when). 4. The HSC Recommendation Template (Manual, Appendix 2). 1. The definition of violence, harassment (OHS Act, s. 1). 2. Violence and harassments inclusion as hazards (OHS Act, s. 37(1)(b)). 3. Employers duty to develop and implement a violence prevention plan in consultation with the HSC or HS representative (s of the Code), harassment prevention plan (s of the Code), and associated policies and procedures. 4. An HSC/HS representatives role in reviewing and revising plans (s of the Code) and timing of that review (following an incident of violence or harassment, or if the HSC 14 Curriculum Standard HSC/HS Representative Curriculum Standard

15 recommends a review of the plans, whichever comes first). The rights of workers Explain the three basic rights all workers have. Apply procedures regarding right to refuse unsafe work to given situations. Explain the prohibition against discriminatory action. 1. The rights of workers (OHS Act s 2(d)(i), (ii), (iii), (iv), and Part 4). 2. The right to know, participate, and refuse. (s. 2.3 Manual). 1. A worker who refuses shall promptly report the refusal to the employer (OHS Act s. 31 (2)). 1. The rights of workers (OHS Act s 2(d)(i), (ii), (iii), (iv), and Part 4). 2. Discriminatory action prohibition and complaints (OHS Act s 35 and 36). 3. Workers have the right to refuse dangerous work and are protected from reprisal for exercising this right (s. 2.3 Manual). The manner in which the organizations will address the responsibilities of both workers and employers in the delivery of the training All content will be delivered free from employer or worker bias. 1. Training organizations shall fairly address responsibilities of both employers and workers, ensuring their content displays no pro-worker or pro-employer bias. 2. Protection of the worker and compliance with the legislation shall not be compromised in order to benefit either party. Curriculum Standard HSC/HS Representative Curriculum Standard 15

16 Glossary Contractor: Means a person, partnership or group of persons who, through a contract, an agreement or ownership, directs the activities of one or more employers or self-employed persons involved in work at a work site. Curriculum standard: means prescribed curriculum content approved training agencies must deliver. Director of Inspection: means a person appointed under Section 42 as a Director of Inspection. Health and safety: includes physical, psychological and social well being. Health and safety program: means a coordinated system of procedures, processes and other measures that is designed to be implemented by organizations in order to promote continuous improvement in occupational health and safety. Health and safety representative (HS representative): means a worker representative designated under Section 17 of the OHS Act. Hazard: means a situation, condition or thing that may be dangerous to health and safety. Hazardous: means likely to cause harm or injury in certain circumstances. HSC: means a committee established pursuant to Section 16 of the OHS Act. Manual: means Joint Work Site Health and Safety Committee/Health and Safety Representative Manual. Minister: means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for the OHS Act. Training agency standard: means the prescribed criteria training agencies must meet to be considered before being approved by the Minister for the delivery of HSC/HS representative training. Work site: means a location where a worker is, or is likely to be, engaged in any occupation and includes any vehicle or mobile equipment used by a worker in an occupation. 16 Curriculum Standard HSC/HS Representative Curriculum Standard